HINDUSTAN NEWSPRINT LIMITED Vs. T.C.MANI

JUDGEMENT

(1.) The short point that arises for consideration is as to whether the respondent who has retired from the services of the appellant as Executive in the year 2003 was entitled for promotion as Assistant Manager in the year 1997. The specific case of the appellant company is that there were no vacancies to the post of Assistant Manager at that time for the respondent to be promoted. It is the further case that the respondent was at best entitled to stagnation promotion governed by Clause 14(c) of Ext.P1 Promotion Policy which is to the following effect:

(2.) The respondent being an Engineering Diploma holder should have a consistent record of performance for a period of seven years in order to be considered by the Departmental Promotion Committee. The respondent had only a consistent record of performance (rated 'good' having the score of 150 and above) for three years during the period from 1994-95, 1995-96 and 1996- 97. The performance of the respondent dipped to a score below 150 (having been rated as 'average' only) in the year 1998-99 and was not 'good' consistently for seven years. The respondent was evidently not eligible for stagnation promotion in the post of Executive as per Clause 14(c) of Ext.P1 Promotion Policy.

(3.) The learned single Judge has erred in relying on Clause 9 of Ext.P1 Promotion Policy which applies to regular promotion when vacancies are available for which performance appraisal need be for three years only. It is not sufficient if the respondent has a minimal appraisal rating of 60% on an average during the three years preceding in the case of a stagnation promotion. The respondent pointed out that one another employee by name Smt.Saramma Mathew was given stagnation promotion even though she had only a consistent record of good performance for five years. The appellant clarified that the said employee is a Professionally Qualified Post Graduate and not a Diploma holder and hence the period of eligibility is five years. Clause 14(c) of Ext.P1 Promotion Policy insists of five years and seven years for Engineering Graduates and Engineering Diploma holders respectively as period of eligibility.